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Announcements in 2013

The Supreme Court adopted amendments to the Federal Rules of Appellate Procedure, effective December 1, 2013. Pertinent to practice before the United States Court of Appeals for the Federal Circuit are the amendments to Fed. R. App. 28 and Fed. R. App. 28.1. Those amendments delete the requirements that briefs have separate sections identifying the statement of the case and the statement of facts. Those requirements will now be met by a section of the appellant's principal brief including "a statement of the case setting out the facts relevant to the issues." Fed. R. App. P. 28(a)(6). An appellee's or cross-appellant's principal brief may include a statement of the case if the appellee is dissatisfied with the appellant's statement, and the requirement of a separately labeled statement of facts in the appellee's or cross-appellant's principal brief is eliminated. Fed. R. App. P. 28(b)(3); Fed. R. App. P. 28.1(c)(3)(C). Conforming changes will be made to the Federal Circuit Rules of Practice.

A copy of the amendments to  Federal Rules of Appellate Procedure is available here. The conforming changes to the Federal Circuit Rules of Practice are available here. All revised rules are effective December 1, 2013.

The United States Court of Appeals for the Federal Circuit proposes to amend its mediation program by adopting Federal Circuit Rule 33.1 and revising the Mediation Guidelines. These amendments are subject to public notice and comment under 28 U.S.C. § 2071(b).  New Federal Circuit Rule 33.1 is appended here.  The revised Guidelines are appended here.  Both are posted for public notice and comment. The Guidelines have been extensively revised and so should be read in their entirety.  Comments and suggested changes by members of the public should be submitted using the "Format for Proposing Changes to Federal Circuit Rules" attached here. Comments and suggested changes should be sent by email to:Proposed Rules Comments. All comments must be received by close of business on Thursday, December 5, 2013.

By order of the Chief Judge, the United States Court of Appeals for the Federal Circuit will be closed on Friday, November 29, 2013; Tuesday, December 24, 2013; and Tuesday December 31, 2013.
For purposes of computation of time and motions to enlarge time under Fed. R. App. P. 26 and Fed. Cir. R. 26, Friday, November 29, 2013; Tuesday, December 24, 2013; and Tuesday December 31, 2013 will be considered “legal holidays.”

The United States Court of Appeals for the Federal Circuit proposes to amend its Rules. This amendment is subject to public notice and comment under 28 U.S.C. § 2071(b). A revision to Federal Circuit Rule 47.3 (c) (1) is appended here for public notice and comment. The new material is printed in red text. Comments and suggested changes by members of the public should be submitted using the "Format for Proposing Changes to Federal Circuit Rules" attached here. Comments and suggested changes should be sent by email to: Proposed Rules Comments. All comments must be received by close of business on Tuesday, November 12, 2013.

The court has issued this order to address continuing court operations  necessary to the progress and resolution of cases during the Federal government shutdown. All filing deadlines remain in effect.  CM/ECF remains operational for filing of all documents. All cases scheduled for oral argument will be heard as scheduled.

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